Running The Extra Miles Assumption of Risk, Waiver and Release of Liability, and Indemnity Agreement

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DECLARATIONS
This Agreement is entered into between Dr. Bonnie Wilder (“Coach” & “Physical Therapist”) and the undersigned (“Client”). The provision of coaching, online, and Physical Therapy (PT) services by Coach/Physical Therapist to Client, and Client’s use of any premises, facilities, or equipment are contingent upon this Agreement.

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ASSUMPTION OF RISK
You agree that if you engage in any physical exercise or activity, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Coach/PT or otherwise, including injuries or damages arising out of the negligence of Coach/PT, whether active or passive, or any of Coach/PT’s affiliates, employees, agents, representatives, successors, and assigns.

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Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, roads/trails (public or private), courts, or other areas, locker rooms, sidewalks, open bodies of water, swimming pools, swim flumes, parking lots, stairs, whirlpools, saunas, steam rooms, or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, running (indoor or outdoor), cycling (indoor or outdoor), swimming (indoor or outdoor), or cross-training activities. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Coach or otherwise.

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RELEASE
You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Coach/PT (and Coach/PT’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Coach/PT, whether active or passive, or any of Coach/PT’s affiliates, employees, agents, representatives, successors, and assigns.

This waiver and release of liability include, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises, or facilities, (c) negligent instruction or supervision, including coaching, (d) traveling to or from coaching session(s).

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INDEMNIFICATION
By execution of this agreement, you hereby agree to indemnify and hold harmless Coach/PT from any loss, liability, damage, or cost Coach may incur due to the provision of coaching/physical therapy by Coach/PT to you.

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MEDICAL CONDITION DISCLOSURE
You acknowledge that you are physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent your participation in coaching or physical therapy activities or put you at higher risk for injury. You acknowledge that it is your responsibility to inform Coach/PT of any medical conditions or health concerns prior to participating in any activity.

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ACKNOWLEDGMENTS
You expressly agree that the foregoing release, waiver, assumption of risk, and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Connecticut and that if any portion thereof is held invalid, it is agreed that the balance of the waiver will continue in full legal force and effect. You acknowledge that Coach/PT offers a service to his/her clients encompassing the entire recreational, sporting, and/or fitness spectrum. This release is not intended as an attempted release of claims of gross negligence or intentional acts.

You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, an express assumption of risk, and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action, sue, or assert a claim against Coach/PT for Coach/PT’s negligence, or for any defective product used while receiving coaching, online, or physical therapy services from Coach/PT. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

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Running The Extra Miles Terms & Conditions
 

Acceptance of Terms of Service

These terms of service form a binding agreement between you and Running The Extra Miles ("Company," "we," or "us"). The following terms, along with any documents referenced within them (collectively, "Terms of Service"), govern your access to and use of www.runningtheextramiles.com (the "Website"), including any content, functionality, and services offered through the Website, whether as a guest or a registered user. 

 

Please read these Terms of Service carefully before using the Website. By accessing or using the Website, or by agreeing to the Terms of Service when this option is available, you consent to be bound by these Terms of Service, our Mobile Terms of Service, and our Privacy Policy, which are incorporated by reference. If you do not agree to these terms, you must not use the Website.

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This Website is available to users of any age. By using the Website, you confirm that you are of legal age to form a binding contract with the Company. If you are not of legal age and reside in a jurisdiction that requires parental consent, a parent or guardian must contact the Company and provide written consent before you may use the Website.

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Changes to the Terms of Service

We reserve the right to update and modify these Terms of Service at our discretion. Any changes will be effective immediately upon posting and apply to all subsequent use of the Website. Your continued use of the Website following the posting of revised terms constitutes your acceptance of the changes. Please review these terms regularly to stay informed of any updates.

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Accessing the Website and Account Security

We may modify or withdraw the Website, or any portion of its services or content, without notice at our discretion. We are not liable if the Website or any part of it becomes unavailable at any time. From time to time, access to certain parts of the Website may be restricted, including access by registered users.

You are responsible for:

1. Ensuring all necessary arrangements for your access to the Website.

2. Ensuring that anyone who accesses the Website through your internet connection complies with these Terms of Service.

To access certain features or services, you may be asked to provide registration details. It is a condition of your use of the Website that the information you provide is accurate, current, and complete. You agree that all information provided through the Website is governed by our Privacy Policy, and you consent to our use of your information in accordance with that policy.

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Terms of Sale - Fees and Payments
Services are billed every 28 days or monthly, except for running plans, which require a one-time payment. Subscription fees are charged at the start of each billing cycle, and access to services will continue until the next cycle begins. If you wish to cancel a subscription, you must provide notice at least one week before the next billing cycle begins. Subscriptions will automatically renew at the applicable rate, and payments will be processed using the payment method on file. No refunds will be provided.

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Failed Payments
If a payment is declined, you will receive an email notification and have a 5-day grace period to update your payment information. If payment is not received within this period, services will be suspended until payment is completed. If payment is overdue, interest will accrue at a rate of 10% per annum (or the maximum allowable rate), and we reserve the right to recover legal and collection costs.

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Payment processing is handled by Wix Payments, Stripe, and other third-party providers, with whom you authorize us to share necessary financial and transaction information.

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Intellectual Property Rights

The Website and its entire content, including text, graphics, logos, and software, are owned by the Company or its licensors and are protected by intellectual property laws. These Terms grant you a limited, non-transferable right to use the Website for personal, non-commercial purposes only.

 

You must not reproduce, modify, distribute, or exploit any content from the Website for commercial purposes without prior written consent. Any unauthorized use of the Website's materials will result in the termination of your access and potential legal action.

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Prohibited Uses

You may use the Website only for lawful purposes. You agree not to:

• Violate any applicable laws or regulations.

• Transmit illegal, harmful, or offensive content.

• Impersonate another person or entity.

• Engage in any activity that interferes with the proper functioning of the Website.

 

User Contributions

The Website may contain interactive features that allow users to post content ("User Contributions"). All User Contributions must comply with the content standards outlined in these Terms of Service. By posting any content on the Website, you grant us the right to use, modify, and distribute the content without compensation.

You represent that you own or have the rights to post any content you submit. We are not responsible for the accuracy or legality of User Contributions, and we reserve the right to remove or refuse to post any material that violates our terms.

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Monitoring and Enforcement

We reserve the right to monitor, remove, or refuse any User Contributions for any reason. We may disclose your identity to third parties if necessary to comply with legal requirements or protect the rights and safety of the Website or its users.

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Changes to the Website

We may update the content of the Website periodically but are under no obligation to ensure it is always accurate or complete.

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Online Purchases and Additional Terms

All purchases and transactions made through the Website are governed by these Terms of Service. Additional terms may apply to certain services or features, and those terms are incorporated into this agreement by reference.

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Linking to the Website

You may link to our homepage, provided you do so in a fair and lawful manner that does not damage our reputation. We reserve the right to disable any links or social media features without notice.

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Geographic Restrictions

The Website is operated from the United States, and we make no representation that its content is appropriate for use outside the U.S. If you access the Website from outside the U.S., you are responsible for complying with local laws.

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Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for download from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection, the accuracy of data input and output, and for maintaining an external means for any reconstruction of lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, programs, data, or other proprietary material due to your use of the website, any services or items obtained through the website, or your downloading of any material posted on it or any website linked to it.

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Your use of the website, its content, and any services or items obtained through the website is at your own risk. The website, its content, and any services or items obtained through it are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation regarding the completeness, timeliness, usefulness, adequacy, suitability, security, reliability, quality, accuracy, or availability of the website or any services obtained through it. Without limiting the foregoing, neither the company nor anyone associated with it represents or warrants that the website, its content, or any services or items obtained through it will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that the site or the server that makes it available are free of viruses or other harmful components; or that the website or any services or items obtained through it will otherwise meet your needs or expectations.

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To the fullest extent provided by law, the company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.

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The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

 

Limitation on Liability
To the fullest extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, or any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages. This includes, but is not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

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To the fullest extent provided by law, in no event will the collective liability of the Company and its subsidiaries and affiliates, as well as their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount you have paid to the Company in the last six months for the applicable service out of which liability arose, or $50, whichever is greater.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website. This includes, but is not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.

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Physical Therapy Disclaimer
All information contained on, or accessible through, this website is provided to you on an “as is” basis. Running The Extra Miles does not warrant that it is accurate, complete, current, or reliable. To the fullest extent permitted by law, we disclaim all warranties, either express or implied, statutory or otherwise. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

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Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Connecticut, without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction).

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Any legal suit, action, or proceeding arising out of or related to these Terms of Service or the Website shall be instituted exclusively in a federal or state court located in the State of Connecticut. However, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

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Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Service or the website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

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Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms of Service will continue in full force and effect.

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Entire Agreement
The Terms of Service, our Privacy Policy, our Copyright Policy, and any other Company written policies constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

 

Running The Extra Miles Privacy Policy

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Introduction
Running The Extra Miles provides research-based recommendations and advice utilizing a Doctor of Physical Therapy degree, as well as running and strength coaching, to enhance the experience and lifestyle of runners, active adults, and athletes. We offer health and fitness coaching and physical therapy, both in person and online.

Our services include workout and nutrition planning, content scheduling and sharing, messaging (email, SMS), logging personal health records, payment services, and providing tools to help businesses collaborate, obtain analytics, and grow their operations. This Privacy Policy applies only in the limited circumstances where we are a controller (as described below).

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The Privacy Policy applies to both physical therapists and clients, but it is important to distinguish between the two, as Running The Extra Miles’ personal information obligations differ depending on whether you are a physical therapist or a client.

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Personal Information We Collect
We collect personal information to operate effectively and provide you with the best experience using our services. You provide some of this information directly, such as when you make a purchase or contact us for support. We also gather some information automatically, such as your IP address, by recording how you interact with our Sites.

We may receive and collect certain personal information automatically, as outlined elsewhere in this Policy, including analytics regarding our Sites, information that your Internet browser automatically sends when you visit our Sites, and information collected by cookies and web beacons. We may collect personal information that can identify you, such as your name and email address, along with other information that does not identify you.

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Information Provided by You
We ask for and may collect personal information about you, such as your name, address, email address, birth date, and telephone number. We may also request information about your interests and activities, gender, age, and other demographic information.

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The most common circumstances in which you would provide personal information include the following:

• Using Our Sites: Our Sites may provide you with the ability to enter certain information (either directly or by authorizing us to access information from a third party, such as a social networking site or application) that you may submit to us to help us provide or tailor our services to you.

• Contacting Us: When you contact us—for example, to request information or make an appointment—we may ask you to provide or confirm personal information so that we can better serve you.

• Interacting with Social Networking Sites: Our Sites may allow you to enter (directly or by authorizing us to download information from a third party, such as a social networking site or application) personal information such as contacts or lists of friends. These applications may also allow you to provide information directly to social networking sites, including information about your purchases, physical location, or comments. If you sign up to receive promotional communications or notifications from us, we may ask you to provide personal information so that we can send these to you.
   

Information We Collect From You On Our Sites
We may also use various technologies to collect information from your computer or device and about your activities on our Sites.

• Information Collected Automatically: We may automatically collect information from you when you visit our Sites. This information may include your IP address, browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us, referring or exit website addresses, internet service provider, date/time stamps, operating system, locale and language preferences, and system configuration information.

• Cookies: When you visit our Sites, we may assign your computer one or more cookies to facilitate access to our site and personalize your online experience. Through the use of cookies, we may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct. Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our Sites. A cookie is a small text file stored on a user's computer for record-keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to facilitate navigation of our Sites. A persistent cookie remains on your hard drive for an extended period. For example, when you sign in to our Sites, we will record your user or member ID (your email address) and the name on your user or member account in the cookie file on your computer. We store your unique member ID in a cookie for automatic sign-in, and this cookie is removed when you sign out. For security purposes, we will encrypt the unique member ID and any other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to assist us in various activities, such as conducting analyses and research on the effectiveness of our site, content, and advertising. You may delete or decline cookies by changing your browser settings (click "Help" in the toolbar of most browsers for instructions). If you do so, some features and services of our Sites may not function properly.

• Other Technologies: We may use common Internet technologies, such as web beacons and other similar technologies, to track your use of our Sites. We may also include web beacons in promotional email messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our Sites visitors, deliver targeted advertisements, and measure the overall effectiveness of our online advertising, content, programming, or other activities. Web beacons (also known as clear gifs, pixel tags, or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, used to track the online movements of web users or to access cookies. Unlike cookies, which are stored on the user's computer hard drive, web beacons are embedded invisibly on web pages (or in emails) and are about the size of the period at the end of this sentence. Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages, and to understand usage patterns. We may also receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.

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Business Purpose for Collection of Personal Information
Our business purpose for collecting personal information is to ensure the optimal functioning of the Sites, facilitate our performance of services for our users, and contact users concerning our services.

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How We Use Personal Information
We use the personal information we collect for a variety of purposes. The legal basis for our processing of personal information will depend on the specific context in which we collect it. We will retain personal information for as long as it is needed.

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General Uses
We may use the information we collect about you to:

• Deliver services that you have requested.

• Manage your account and provide you with customer support.

• Perform research and analysis about your use of, or interest in, our services, content, or products offered by us or others.

• Communicate with you by email, postal mail, telephone, and/or mobile devices about products or services that may be relevant to you.

• Develop and display content tailored to your interests on our site.

• Enforce our terms and conditions.

• Manage our business and perform functions as otherwise described to you at the time of collection.

• Fulfill legal compliance purposes.

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How Long We Retain Your Personal Information
We will retain your personal information for as long as necessary to fulfill the purposes set forth in this Policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).

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Sharing of Personal Information
We share your personal information as necessary to provide the services you request, including sharing information with third-party service providers, when required by law, to protect rights and safety, and with your consent. We do not sell your personal information.

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We may share personal information with:

• Authorized Service Providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting the functionality of our Sites, and assisting with contests, promotions, sweepstakes, surveys, and other features offered through our Sites. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.

• Other Situations: We may also disclose your information:

  • In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.

  • When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud, or other wrongdoing; to protect and defend the rights, property, or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our terms and conditions or other agreements or policies.

  • In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

  • When you provide us with your consent to share your information with third parties.

• Third-Party Privacy Policies: Any third parties to whom we may disclose personal information may have their own privacy policies that describe how they use and disclose personal information. Those policies will govern the use, handling, and disclosure of your personal information once we have shared it with those third parties as described in this Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.

• Aggregated and Non-Personal Information: We may share aggregated and non-personal information we collect under any of the circumstances set forth in this Policy. We may also share it with third parties to develop and deliver targeted advertising on our Sites and on the websites and apps of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We may also share aggregated information with third parties, including advisors, advertisers, and investors, for the purpose of conducting general business analysis. For example, we may inform our advertisers of the number of visitors to our Sites and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.

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Your Privacy Rights - How You Can Access Your Information
If you have a Member account with us, you can review and update certain personal information associated with your account online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.

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Your Choices About the Collection and Use of Your Information
You can choose not to provide us with certain information, but this may result in your being unable to use certain features of our Sites, as such information may be required for you to register as a member, purchase products or services, participate in a survey, ask a question, or initiate other transactions on our Sites.

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Opt-Out
At any time, you can choose to no longer receive commercial or promotional emails or newsletters from us by modifying your email preferences by selecting the "Opt-Out" link found in the footer of the communication or on our Sites and following the instructions. Alternatively, you can contact us at runningtheextramiles@gmail.com with the word “unsubscribe” in the email subject line. When you register as a Member on our Sites, you will have the option to receive email messages about special offers and deals related to your interests. You may modify your choice at any time using the “Opt-Out” link as described above.

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You will also be given the opportunity in any commercial email that we send you to opt out of receiving such messages in the future. It may take up to thirty (30) days for us to process an opt-out request. We may send you other types of transactional and relationship email communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that changing information in your account or opting out of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third party before you changed your preferences or updated your information, you may have to change your preferences directly with that third party.

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Even if you opt out of receiving promotional communications, you may continue to receive emails and notifications relating to order confirmations, backorder notifications, membership information, and/or other business-related communications.

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Children’s Personal Information
We do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, please do not submit any personal information through our Sites or services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy.

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Other Important Information
Below, you will find additional privacy information you may find important.

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Security
The security of your personal information is important to us. We follow generally accepted standards, including taking physical, electronic, and procedural measures to protect the personal information provided to us.

While we are focused on the security of your personal information and follow strict standards, processes, and procedures designed to protect your personal information, you must remember that the Internet is a global communications vehicle open to threats, viruses, and intrusions from others. Therefore, we cannot promise, and you should not expect, that we will be able to protect your personal information at all times and in all circumstances.

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Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission's website at www.ftc.gov for information about how to protect yourself against identity theft.
 

No Rights of Third Parties
This Policy does not create rights enforceable by third parties.

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Changes to This Policy
We will occasionally update this Policy to reflect material changes in our privacy practices. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the modified Policy on our Sites and indicating at the top of the Policy the date it was last updated. We may also notify you by sending you an email. We encourage you to review the Policy each time you visit our Sites to see if this Policy has been updated since your last visit to ensure you understand how your personal information will be processed.

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Contact Us
If you have any questions about this Policy or our privacy practices, please contact us by email or postal mail as follows:
Email: runningtheextramiles@gmail.com